Monday, July 25, 2005

Deputy Kevin Chittick - Appeal - Lapeer SD

Also See:

Deputy Kevin Chittick charged with CSC

Conviction upheld

PUBLISHED: Wednesday, April 4, 2007
The County Press

Convicted former Lapeer County Sheriff's deputy Kevin Chittick will likely serve out his sentence of seven to 15 years behind bars for having sex with underage girls.

Last Thursday, Michigan Court of Appeals Judge David H. Sawyer, Judge E. Thomas Fitzgerald and Judge Pat M. Donofrio unanimously denied Chittick's request for a new trial, said Lapeer County assistant prosecutor Geoffrey Stuart.

In May 2005, Chittick, 38, was found guilty of 19 counts of criminal sexual conduct. The Grand Blanc man was convicted of 14 counts of third-degree CSC. Chittick also was convicted of five counts of fourth-degree CSC and willful neglect of duty for spending time at the girls' homes while on duty.

The charges stemmed from sexual assaults in Lapeer, Genesee and Oscoda counties from the end of 2001 through 2002. Both girls were between the ages of 13-15 at the time. The allegations came to light in January 2004, when one of the girls told her aunt.

Chittick, through his appeals attorney Mark Sawtawa, claimed he hadn't received a fair trial because Lapeer County Prosecutor Byron Konschuh reviewed computer materials that involved attorney-client matters.

"His computer was seized by the Michigan State Police after it was revealed Chittick had an affinity towards child pornography," said Stuart. "Pornography is a standard grooming technique used to make children think their having sex is normal. There were conversations between Chittick and his attorney on the computer. However, there was no information used at trial that was gained from the seizure."

Through his attorney, Chittick also argued he was denied a fair trial because of hearsay testimony made by his wife during cross examination. His wife said her sister was made uncomfortable by Chittick when he made fun of her underwear and put his hand on her belly.

When Chittick was hired — he began in 1998 and later resigned in May 2003 — there was no way to foresee these actions, said Lapeer County Sheriff Ron Kalanquin previously. Chittick had passed a very stringent written test and was working on his bachelor's degree at the University of Michigan-Flint. Prior to coming on with the LCSD, he had been a paramedic in the Navy with dive experience and received a "glowing recommendation" from his shift supervisor at the Portsmouth, Va., Police Department.

It's likely Chittick will spend at least five more years behind bars before he is eligible for parole unless an appeal request is granted by the Michigan Supreme Court.

"But that's not likely," said Stuart.

Court Denies Deputy A New Trial for molestation charges
March 31, 2007
The Flint Journal

-Police officers, Kalanquin said, must maintain strong personal and professional ethical values. There are 83 people working for the sheriff's department and, Kalanquin said, they are doing an excellent job. The single incident involving Chittick, Kalanquin said, is disappointing, but it doesn't cast a huge shadow on the department.

"The other employees are doing a marvelous job," Kalanquin said. "I think people understand that sometimes these things happen, despite our best efforts."

Court Denies Deputy A New Trial for molestation charges
March 31, 2007
The Flint Journal

LAPEER , MICHIGAN - A former Lapeer County sheriff’s deputy won’t get a new trial on his 2005 sexual assault conviction, the Michigan Court of Appeals has ruled.

Kevin Chittick, 40, of Grand Blanc Township was sentenced in July 2005 to 7 years 11 months to 15 years in prison by Lapeer Circuit Judge Nick O. Holowka.

Chittick in his appeal claimed errors by his attorney, the prosecutor and judge necessitated a new trial.

In its March 20 ruling, the appeals court said if there were any errors, they did not prejudice the outcome of the trial.

Chittick is serving his sentence at the Muskegon Correctional Facility.

The former deputy was found guilty by a jury of 14 counts of third-degree criminal sexual conduct, five counts of fourth-degree criminal sexual conduct and one count of neglect of duty.

The charges stemmed from relationships Chittick developed with two underage girls.

Chittick met one girl while he was investigating a missing teen in 2001 and began developing a sexual relationship with her while the girl was 13 and 14 in 2001 and 2002.

Another girl, a friend of the first victim, testified that Chittick sexually assaulted her in her backyard pool.

Chittick, who was married, accompanied the girls to a summer horse camp in Oscoda County, where additional sexual assaults occurred.

The first victim’s parents testified they didn’t initially discourage the friendship because Chittick was a deputy, but they later banned her from seeing him after they became suspicious.

Despite knowing the parents’ wishes, a North Branch middle school teacher allowed Chittick to meet with the girl at the teacher’s home, where another sexual assault occurred.

The teacher received a suspension from the district.

No comments: